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OF NAN "H*CKET
BOARD OF APPEALS
NANAVCKFI., MASSACHUSETTS 025-54
July 5, 1985
Re; N.P.A. ASSOCIATES, N.P.A., INC. GENERAL PARTNER (039 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
%ny appeal frog this action shall he made pursuant to
Section 17 of Chapter ',OA of the General Laws, and shall
be filed within twenty (20) days after this date.
William R. Sherman, Chairman
BOARD OF APPEALS
s
" V BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JUNE
21, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the
matter of the Application of N.P.A. ASSOCIATES, a partnership with General
Partner N.P.A. INC., represented by Nancy A. Martin, President (039 -85),
address P.O. Box 792, Nantucket, MA 02554, the Board finds:
1. Applicant seeks relief under Zoning By -Law SECTION 6B (codified
as Section 139 -18, Parking Requirements) by issuance of a SPECIAL PERMIT.
Applicant is able to provide 4 off - street parking spaces. If relief were
granted, Applicant would be able to continue operation of retail shops in
the premises without providing additional spaces. The premises are located
at 4 NORTH WATER STREET, Lot 2, Book 15, Page 117 and are now zoned RESI-
DENTIAL- COMMERCIAL.
2. At the original hearing on May 24, 1985, the Board heard testimony
and representations on behalf of Applicant, no abuttors in opposition, and
received a plot plan showing a May 17, 1962 ANR subdivision from the land
of abuttors Collins, plus proposed findings, also noted an abuttor's letter
in opposition (on grounds of parking) and the Planning Board's unfavorable
recommendation (because of area parking problems even without the added
retail shops). The hearing was continued to June 7, 1985 for clarification
of the number of parking spaces required and to be waived.
3. At the June 7th hearing, absent the Board's alternate member
Beale, only documentary evidence was received, notably, Applicant's 5 page
memorandum of .June 7, 1985, a set of floor plans, the Building Inspector's
letter to Applicant of April 29, 1985 and reply of May 6, 1985, 3 photo -
prints of the retaining wall, and a site plan showing the parking area
bricked. The Application was continued to June 21, 1985.
4. At that hearing, based upon information from Applicant, the park -
ing requirements were found to be:
•
(039 -851 -2-
Off- Street
Parking Spaces
Retail - tares �lst floor -750 SF 4
not including rear kitchen
space or hall) -1 P.S.per 200 SF
Commercial or business use -1P.S. 2
for each 3 employees
Dwelling units (rear apartment and 2
second -floor apartment) -1 each
Storage (basement) -1 per 900 SF 1
9
If conversion of the basement were allowed to provide additional retail
space, 2 -3 additional parking spaces would be required (assuming total maxi-
mum employees on premises did not exceed 7).
5. Applicant's position is that only 4 off.- street parking spaces are
physically practicable without a significant and adverse effect on the
scenic and historic integrity of the neighborhood. That area is now a hard-
ened soil surface opening to the east along its length fronting on North
Water Street. The area is bounded to the west by the retaining wall and
north and south by property line and building respect ively. We find that
the area cannot be enlarged without such adverse impact.
6. The Board indicated displeasure with Applicant's prior conversion
of the first floor to retail use without parking or proper permit, what-
ever the good faith, given availability of counsel familiar with zoning
requirements. We are also mindful of the severity of the parking problem,
particularly in the neighborhood of the premises, and official concern for
strict compliance with parking requirements.
7. Nonethelcssj being reluctant to terminate the first -floor retail
use in mid- season with financial harm to Applicant's tenants, we explored
increasing adjacent on- street parking. By limiting Applicant to a 12 foot
curb cut, extending from a point 9 feet from the northerly line to apoint
(039 -85) -3-
21 feet therefrom, two a(lditiona spaces may be available along North Water
Street. To encourage use (t the ff- street parking area, we would condition
relief on surfacing the area with dry -set brick, designating the tour spaces.
With these conditions and limiting the use to two dwelling units plus the
first -floor retail shops with less than 850 SF total and less than 5 em-
ployees maximum, and restricting the 600 SF basement use to storage, we find
further that the resulting parking relief is in harmony with the general
purpose and intent of the By -Law chapter.
Accordingly, by UNANIMOUS vote, the Board GRANTS to Applicant relief
by SPECIAL PERMIT, under SECTION 139 -18G, from the requirement of off - street
parking spaces to the extent and upon the conditions noted in the preceding
paragraph.
Dated: July 5, 1985
Nantucket, MA 02554
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�&S� srnN� �wN C� Herz /C
William R. Sherman
Dorothy D. Vollans
C. Mars all Beale
s
Lo37-k5�
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, MAY 24, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING,
FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of N.P.A.
ASSOCIATES,,N.P.A. INC., A ART-N-7,R NANCY
A. MARTIN, PRESIDENT (039 -85), seeking relief under SECTION 6B
(codified as Section 139 -18) (parking requirements) of the Zoning
By -Law, by issuance of a SPECIAL PERMIT. If granted, the Applicant's
conversion of a residential building into a commercial activity
with several small retail shops would not require 13 parking spaces.
The property is located at 4 NORTH WATER STREET, LOT 2, BOOK 15,
PAGE 117, and is zoned RESIDENTIAL - COMMERCIAL.
o7-'
William R. Sherman, Chairman
BOARD OF APPEALS
AB -1
FEE $100.00 Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY- LAW)(BUILDING CODE) on property described below:
Location of Property WoR T H wR T E�i� 5 rRI-F_ i
Lot No. Plan No.
District is-zoned for W SI PC- v7 -1194 / 6DMingR C / 4 � U-5 -
Type of structure(Existing or Proposed) or proposed use:/QEs /olivri/l�
Owner's Name N. P A. 19'550G I12 LF 5r /V•o i4. %ANC GEni4tF'Rfij,. P/lRr/ME2, .1VRN4 4,MfiRTiiY We
Owner's Address Pere)( 792 /VANTuci<rf M�155/�cr�usE7T5 oars
When did you acquire this property? /�Z. fia c u 5 i
Has application been filed at Building Department? y/=5
Has any previous appeal been made? No
Section of By -Law or Code from which relief is requested: Sec. 0
S* #hature of applicant
ATTACH: (1) A list of the names and addresses of each abutting owner
Req.
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
(3) Four copies of the application and a map or plan showing
the location of the property to be considered.
(4) If the applicant is other than the owner, please indicate
your authority to make this application.
BOARD'S DECISION
r
Application submitted to Board
Advertising dates_
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD Or t:PPEALS
L :.s,t of parties in interest in the matter of the petit -'un o: -:
'dame N.P.A. Associates, N.P.A. , Inc., Nancy A. Martin, General Partner E Pres.
Address P. O. Box 792, Nantucket, MA 02554
Property , Address 4 North Water Street
Town of Nantucket
Town S County Building
16 Broad Street
Nantucket, Mass. 02554
Robert F. Mooney
171 Orange Street
Nantucket, Mass. 02554
Arthur Krause
23 Broad Street
Nantucket, Mass. 02554
Charles & Nella Deflandre
2 Ash Lane
Nantucket, Mass. 02554
John Thomas Dinan, Jr., et ux
321 Brackett Street
Portland, Maine 04102
Mary G. Pegg
10 Fox Meadow Road
Scarsdale, N.Y., 10583
Sara Shlosser O'Reilly
9 North Water Street
Nantucket, Mass. 02554
Nantucket Yacht Club
North Beach Street
Nantucket, Mass. 02554
Hudson Holland, Jr., and Edward F. Vaughan
15 Fair Street
Nantucket, Mass. 02554
Philip A. and Ruth E. Osley
12 Broad Street
Nantucket, Mass. 02554
Lois K. Shapiro
168 Valley Road
Watchung, New Jersey 07060
Wylie L. S Louise C. Collins
and /or Louise W. Collins
17 Broad Street
Nantucket, Mass. 02554
George W. Burgess
21 Broad Street
Nantucket, Mass. 02554
Daniel G. S Paul Sweeney, Trustees
Nantucket Whaler Realty Tr. Condo
1228 Hill Road
Boxborough, Mass.
Paul H. and Diance C. Madden
17 Union Street
Nantucket, Mass. 02554
Nantucket Historical Association
15 Broad Street
Nantucket, Mass. 02554
I certify the foregoing is a list of persons who are owners or 1-
abutting the property, owners of land abutting the abutters, own
of land directly opposite the property on any street or way, an-
owners of land within 300 feet of the property, all as they appca'
on the most recent applicable TAX list.
Date/ �c�_a <<u Assessor
Town of Nantucket
t
, vv
v
LV
lr'cl the building shown on this
_!e.' on the ground as shown
mci it (/does .4 4
c the cjrrerit zoning regulations
Y of Ncr,luckel W is a lot
'pct the premises shown on this
not iocoted) within
tt, ,,i doz.Qrd -'re:) as delineated by
:t,e ir!,Menl of Housing and L*bon
eti -krt - Federu' insurance Admin-
�,ecl L-CrIi
IL;
PLOT PLAN OF LAND
,r. Nlort,jcket !sIcind , Momochusetts
AS PREPARED FOR.
FH,:KA,S A. r-AAm_Tikf
I 15C4 Doe uA 4 Z,41, MS V
k-T, Z, 'Plan 6—k- 15, p.n7
%I,r, size SC• ,
Fmnlycrd s&xck. none.
Je rie
Cv-o,.fid cov ratio 50%
�i,. :FRETT & WHOLSON
JOSIAH BARRETT. Registered LmdSurvvyor -
3 blurt m '-one , .'4cn?ljckel !sond , W. 02M4
(617).228 . 1313
This p!c)i p!.in was not mode from an iristurrim
..)r,ey and is dKmr, for the use of t* NvorlijoW,
t -"- tqoc;e purroses only.
A
PLOT PLAN OF LAND
,r. Nlort,jcket !sIcind , Momochusetts
AS PREPARED FOR.
FH,:KA,S A. r-AAm_Tikf
I 15C4 Doe uA 4 Z,41, MS V
k-T, Z, 'Plan 6—k- 15, p.n7
%I,r, size SC• ,
Fmnlycrd s&xck. none.
Je rie
Cv-o,.fid cov ratio 50%
�i,. :FRETT & WHOLSON
JOSIAH BARRETT. Registered LmdSurvvyor -
3 blurt m '-one , .'4cn?ljckel !sond , W. 02M4
(617).228 . 1313
This p!c)i p!.in was not mode from an iristurrim
..)r,ey and is dKmr, for the use of t* NvorlijoW,
t -"- tqoc;e purroses only.